3341-6-36
“Persona Non Grata” Status for Campus Visitors.
Applicability
All University units
Responsible
Unit
The Vice President for Finance and
Administration
Policy
Administrator
The Vice President for Finance and
Administration
(A)
Policy Statement and Purpose
BGSU is authorized by law to regulate the use of university premises so
that the university’s educational objectives and programs can be pursued
in an orderly manner. Accordingly, BGSU adopts this policy.
(B)
Policy
(1)
Definitions
(a)
“Persona non grata” means a visitor whose behavior has
been determined to be detrimental to the university
community and who is not permitted to be present on the
university premises. A person who is persona non grata is
subject to prosecution for trespass should he or she be
found on the university premises.
(b)
“Visitor” means any person who is neither a currently
enrolled student nor an employee. This definition includes
persons enrolled at the university in the past but who have
graduated, transferred, or who are not enrolled for the
current academic term. It includes former employees. The
term “visitor” does not include any person who is subject to
the jurisdiction of the Student Code of Conduct or the
disciplinary processes applicable to employees. Where a
person’s status is in doubt the university may commence
action against that person under this policy and then later
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refer the matter to the appropriate procedure if the person is
later determined to be a student or employee.
(c)
“Behavior detrimental to the university community”
includes but is not limited to actions by a visitor which (a)
disrupt or interfere with university operations or programs
or which pose a reasonably foreseeable risk of doing so, (b)
are offenses against persons or property, (c) violate a
previous legitimate order given by a university official, or
(d) are a continuing violation of university rules and
regulations after notice of the rules has been given. The
actions listed above do not include the exercise of free
speech or the right to assemble peaceably.
(2)
Authority and Delegation
Only the university President or his/her designee has the authority
to declare a person persona non grata. For purposes of this policy
the university President delegates responsibility for issuing persona
non grata orders to the Vice President for Finance and
Administration (hereafter “the Vice President”).
(3)
Determination, Notice, and Hearing
(a)
Notice of Persona Non Grata Status.
A campus visitor engaging in behavior detrimental to the
university community shall be served with notice that such
behavior is not acceptable and as a consequence the person
is barred from the university premises for the period
specified in the notice. A notice of persona non grata status
may be approved only by the university President or the
President’s designee who is the Vice President. The
restrictions imposed by persona non grata status shall take
effect upon service of the notification on the visitor being
placed on persona non grata status.
(i)
The notice shall contain:
(a)
Name and last known address of the visitor.
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(b)
A statement of the unacceptable behavior
necessitating the persona non grata order.
(c)
A statement that the individual is persona
non grata and thus is barred from being on
the university premises. The person shall be
informed that this status shall continue until
the date specified or until the order is
modified following the hearing provided for
in this section.
(d)
A statement that the person is entitled to a
hearing to be conducted before the
university Vice President. Following the
hearing the Vice President shall make a
determination of whether or not to maintain
the visitor on persona non grata status.
(e)
The name, office phone, and office location
of the Vice President.
(f)
That individual must contact the Vice
President to request a hearing date and to
confirm attendance at the hearing within five
business days of the notice.
(g)
A warning that the individual’s failure to
confirm attendance at a hearing with the
Vice President within five business days of
the notice may result in a determination as to
persona non grata status being made without
the accused individual being present.
(h)
Notices must be reviewed by university
General Counsel before they are issued.
(b)
Hearing and Procedure
(i)
A visitor subject to a persona non grata order may
request a hearing before the Vice President. The
hearing may be held at any convenient place
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selected by the Vice President. At that hearing the
visitor may challenge the grounds for issuing the
persona non grata order; the evidence against him or
her; confront any witnesses; and present evidence
including witnesses on his or her behalf. If the
visitor chooses not to be present or participate, the
visitor may be deemed to have waived the hearing
or the process may proceed at the discretion of the
Vice President.
(ii)
The visitor may be accompanied by another
individual who may serve in an advisory capacity
but who may not participate directly in the hearing.
(iii)
The Vice President shall hear and weigh all
evidence presented. To continue the accused visitor
on persona non grata status the Vice President must
find by a preponderance of the evidence that the
accused visitor engaged in the behavior alleged and
that the alleged behavior is detrimental to the
university community. If such a finding is made, the
Vice President may take into consideration the
reasons for such behavior and the likelihood of its
recurrence. Based on these findings and
considerations, the Vice President may continue the
visitor on persona non grata status for a period of up
to two years subject to conditions that the Vice
President finds reasonable to allow the university’s
operations or programs to be conducted free from
undue disruption or interference.
(c)
Notification of Hearing Decision.
Notification shall occur, when possible, upon the
conclusion of the hearing. If not given at the conclusion of
the hearing, notice of the hearing outcome shall be given
within ten business days. Notice shall be provided by the
best means available to the last known address on file with
the university. Receipt of the notice should be verified
when possible.
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(d)
Review by the President.
(i)
Following a hearing, a visitor subject to a persona
non grata order may submit a written request for
review to the President. The request must be
submitted to the President within ten business days
of the date on the notice of decision by the Vice
President.
(ii)
The President’s review shall be limited to a review
of the record developed before the Vice President.
The President shall not consider any facts not
presented to the Vice President at the hearing unless
it is shown that these facts were not available to the
visitor at the time of the hearing and could not have
been discovered by the visitor through reasonable
diligence in time for the hearing. The President’s
review of that record shall be limited to:
(e)
Determining whether there is adequate factual support in
the record to support the conclusion reached by the Vice
President.
(f)
An examination of procedural errors which may have
occurred in the persona non grata determination process.
(iii)
The persona non grata status shall remain in effect
pending the President’s decision on the review. The
President or designee shall render his or her
decision within ten business days of receipt of the
request for review. The President’s decision shall be
final.
(4)
Modification of a Persona Non Grata Order:
Persona non grata status continues without interruption until
modified in writing by the university Vice President. During the
time that the persona non grata status is in effect, the Vice
President may in his or her sole discretion modify or rescind the
order to grant permission for entrance of the person declared
persona non grata to enter onto specified university location(s) for
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a specified purpose and limited period of time. The decision
whether to modify or rescind an order during its original effective
period shall be final and not subject to review or appeal under this
policy.
Registered Date: March 17, 2015
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