The University of North Carolina at Greensboro Police Department
	General Order 2-3.3	Trespass

1. Trespass Warnings
   
   UNCG’s Chancellor has delegated to the UNCG Police the primary authority to restrict, withhold, or remove access to university property from persons who violate local, state or federal law, university policies, regulations or rules or who pose a risk to campus safety or security. Such persons may be trespassed from university property by use of a trespass warning pursuant to G.S. § 14-159.12 or G.S. § 14-159.13. These statutes are violated when a notice has been posted on property or when a UNCG Police Officer has provided oral or written notice to a person that the person should not be on this property, that the person must remain outside a certain portion of this property, that this person must be a certain distance from one or more individuals or that a person must not contact one or more individuals. A person also commits trespass when that person enters property that is enclosed, locked or is secured in a manner that indicates that it is closed to anyone but an authorized university official.
   
   In addition, trespass warnings include orders from a UNCG Police Officer to leave university property or not to enter university property.
   
   Circumstances warranting a trespass warning include the following:
   • Commission or conviction of any local, state or federal criminal offense on or off university property;
   • Violation of university policies, regulations or rules;
   • Behavior or conduct that presents a threat to university property, public property or to a member of the university community including faculty, staff, students and visitors;
   • Behavior that is disorderly or disruptive; or
   • Behavior that would lead a reasonable law enforcement official to believe that a person intends and is prepared to violate a local, state or federal law or a university policy, rule or regulation.
   Elements of a trespass warning include the following:
   • The place or property restricted which in scope should reflect that necessary to protect the university community, and
   • The time the trespass is to remain in effect. In general a trespass warning is issued for two years. The duration may be altered based upon the following guidelines:
     
     • Rape and sex offenses: two years.
     • Intentional infliction of physical injury to a person, intentional placing a person in fear of physical, mental or emotional injury or intentionally inflicting emotional distress upon a person: two years.
     • Damage or destruction of university property: first offense one year, second offense two years (consideration may be given to the severity of the damage).
     • Willful obstruction or interference with normal university operations, functions or activities (including activities of university personnel, students and organizations): first offense six months, second offense one year.
     • Theft or damage to university property: first offense one year, second offense two years.
     • Trafficking, selling or transferring illegal drugs: two years.
     • Disorderly conduct on university property or at a university function: first offense six months, second offense one year.
     • Prohibited presence in university housing, offices, classrooms, facilities or grounds: first offense six months, second offense one year (consider the severity of the conduct).
     • Violation of university policy or state laws regarding alcoholic beverages; possession of illegal drugs; or possession of illegal drug paraphernalia: first offense 30 days, second offense six months.
   UNCG Police will maintain a list of all individuals who have received a trespass warning. The list should reflect any change in the status or applicability of these warnings. Failure to abide by a trespassing warning may result in arrest.
2. Trespass Appeal Process
   
   Any person who believes that the trespass warning was not justified may appeal the warning under the following requirements: (1) the appeal must be made within ten working days of the issuance of the warning; (2) the appeal must be sent to the UNCG Police in writing or by email to the following addresses: written appeals to UNCG Police Department, P. O. Box 26170, Greensboro, N.C. 27402-6170; email appeals to trespassappeals@uncg.edu.
   
   The appeals must be based on the following: 
   1. The warning was in error and the facts establishing the error (this factual presentation can include witness statements)
   2. Circumstances showing the appellant was not involved in the incident;
   3. Any circumstances showing that the incident was not a trespass or that the trespass did not occur; and
   4. That the appellant has a lawful purpose to be on campus and the facts establishing that lawful purpose.
The Chief of Police or designee will review all trespass appeals. Evaluation of the appeals will include the following: the appeal factual information presented by the appellant, relevant past behavior of the appellant and the witnesses if relevant, a review of the officer’s incident report and any other relevant information. The decision shall be made within ten working days from the date the appeal was made. The decision will be one of the following: (1) the appeal is rejected; (2) the trespass warning is removed; (3) the terms of the trespass warning are modified and the warning is reduced in time and/or location; or the warning is otherwise modified based upon the the facts presented.