PRM-018: Issuance of Trespass Warnings

Date: 04/25/2018 Status: Final
Policy Type: University
Oversight Executive: Associate Vice President for Safety & Security, Executive Vice President and Chief Operating Officer
Applies To: Academic Division and Medical Center.
Table of Contents:

Policy Statement
Procedures Related to the:

  1. Issuance of a Trespass Warning
  2. Appeal of a Trespass Warning
Reason for Policy:

The University of Virginia Police Department is committed to providing a safe workplace and environment for its employees, students, patients, and visitors. The Chief of Police, or designee, is authorized by the Code of Virginia §§ 23.1-815 and 18.2-119 to issue a Trespass Warning that excludes individuals from all University or Medical Center property or a specific building or area. This policy governs the issuance of a Trespass Warning by the University of Virginia Police Department.

Definition of Terms in Statement:
  • Trespass Warning:

    A written notice issued by the University of Virginia Police that warns a person that the person is not permitted to enter or remain upon the University or Medical Center property described in the Trespass Warning.

Policy Statement:

This policy governs the issuance of a Trespass Warning by the University of Virginia Police Department. The University and the Medical Center retain the authority to ban current employees, students, patients, and visitors using existing processes such as a disciplinary or administrative process. This Policy and its accompanying procedures do not apply to any Trespass Warning issued as a result of a disciplinary or administrative process. This Policy and its accompanying procedures also do not apply to any Trespass Warning issued by local law enforcement for trespass on University or Medical Center property.

The University of Virginia Police may issue a Trespass Warning to a person who has engaged in:

  1. criminal activity on University or Medical Center property,
  2. a violation of a University regulation,
  3. a violation of a University, Health System, or Medical Center policy after having been notified of the specific policy or policies at issue, or
  4. conduct that threatens the health, safety, or property of a member of the University or its Medical Center community, a patient or visitor at the Medical Center or other persons on University or Medical Center property.

Violations of the Trespass Warning constitute a Class 1 Misdemeanor and constitute grounds for arrest pursuant to Virginia Code § 18.2-119.

Trespass Warnings shall not prohibit any individual from accessing care at the Medical Center’s Emergency Department, Labor and Delivery, or any other medical facility owned and operated by the Medical Center for an examination or treatment for an emergency medical condition in accordance with Medical Center Policy No. 0214, Medical Screening and Stabilizing Treatment for Emergency Medical Conditions.

Trespass Warnings will automatically expire within four (4) years after the date the Trespass Warning was served, unless otherwise noted in the Trespass Warning.

Questions about this policy should be directed to the Office of the Associate Vice President for Safety and Security.

Procedures:
  1. Procedures Related to the Issuance of a Trespass Warning:
    1. Consultation with the Medical Center:
      Prior to the issuance of a Trespass Warning, the University of Virginia Police Department shall consult with the Medical Center’s Office of Patient Safety and Risk Management during normal business hours (Monday-Friday, 8:00 a.m. - 5:00 p.m.) if:
      1. the incident occurred at the Medical Center1 and
      2. the nature of the criminal activity, violation, or conduct presents a threat to public safety that may necessitate barring the individual from seeking or receiving non-emergent patient care at the Medical Center.

      After normal business hours or on weekends, the University of Virginia Police shall consult with the Administrator on Call.


      1In the context of the requisite consultation, the "Medical Center" means the University Hospital, connected buildings, connective elements between them, the Medical Research Buildings on the Medical Center Comples (MR-4, MR-5, & MR-6) and all parking lots or garages serving the University of VIrginia Medical Center. See Map.


    2. Trespass Warning to include Copy of Appeal Procedures:
      The University of Virginia Police shall include a copy of the Procedures to Appeal a Trespass Warning with a Trespass Warning when a Trespass Warning is served.

    3. Notification Process:
      The Associate Vice President for Safety and Security, or designee (hereinafter collectively referred to as "Associate Vice President"), shall develop procedures for notifying all University Departments, including its Medical Center, when a Trespass Warning has been issued.

  2. Procedures to Appeal a Trespass Warning:
    The Trespass Warning must be appealed in writing to the Associate Vice President for Safety and Security within five (5) calendar days after the date the Trespass Warning is served.

    Written appeals should be hand-delivered or mailed to:
    Executive Vice President and Chief Operating Officer
    Office of the Executive Vice President and Chief Operating Officer
    University of Virginia
    P.O. BOX 400228
    Charlottesville, VA 22904-4228

    Written appeals also may be submitted by electronic mail to:
    Executive Vice President and Chief Operating Officer, Hogan@virginia.edu.

    If the appeal is not delivered or postmarked within five (5) calendar days after the date the Trespass Warning is served, then the recipient of the Trespass Warning waives the opportunity to appeal.

    Written appeals shall include:

    1. Appellant's contact information, including address, telephone number, and e-mail address,
    2. Date of the issuance of the Trespass Warning and the IBR Number located in the upper left-hand corner of the Trespass Warning,
    3. The reason for the review request,
    4. A complete and candid explanation for the conduct that precipitated the Trespass Warning,
    5. The basis for the desire to be on University or Medical Center property, and
    6. Any other information the appellant wished to be considered.

    The Trespass Warning remains in effect while the appeal is being considered, unless the University of Virginia Police modifies or withdraws the Trespass Warning.

    If the basis of the appeal is a need to be on Medical Center property for a scheduled medical procedure or appointment or to visit a registered patient at the Medical Center, the Associate Vice President shall consult with the Medical Center’s Office of Patient Safety and Risk Management prior to finalizing a decision regarding upholding, modifying, or withdrawing the Trespass Warning.

    The Associate Vice President shall issue the decision within twenty-one (21) calendar days of receipt of the written appeal. The Associate Vice President may uphold, modify, or withdraw the Trespass Warning. The decision of the Associate Vice President is final.

    Trespass Warnings will automatically expire within four (4) years after the date the Trespass Warning was served, unless otherwise noted in the Trespass Warning.

Related Information:

Virginia Code § 18.2-119.  Trespass after having been forbidden to do so, penalties.

Virginia Code § 23.1-815.  Campus police forces and auxiliary police forces; powers and duties; jurisdiction.

Virginia Administrative Code, Title 8, Agency 85

Virginia Administrative Code, Title 8, Agency 85, Chapter 20 Regulation of Weapons, Fireworks, and Explosives

Virginia Administrative Code, Title 8, Agency 85, Chapter 20 Open Burn and Open Flame Operations

Policy Background:

The Policy Statement is the codification of existing practice. This Policy and the accompanying Procedures apply to all trespass warnings issued on or after the effective date of this Policy, April 25, 2018.

Major Category: Physical Resource Management
Category Cross Reference: Safety, Security and Environmental Quality
Next Scheduled Review: 04/11/2021
Approved by, Date: Executive Vice President and Chief Operating Officer, 04/10/2018
Revision History: This is the first version of this policy.