Trespass on College Property Procedure and Appeal Process
 

  1. For good cause and in accordance with applicable law, the College may prohibit any person from entering or remaining on College property by the issuance of a trespass notice pursuant to Chapter 810, Florida Statutes.

  2. The decision to issue a trespass notice will generally be made by Chief of Security or designee, and will be in effect for all campuses and properties belonging to Eastern Florida State College after consideration of the following:
    1. Whether the person poses an ongoing threat of harm, or causes substantial disruption of or interference with the normal operations of the College; and
    2. Whether the issuance of a trespass notice is necessary to protect the health, safety, or general welfare of the College community, or to preserve or protect College property.

      The Chief of Security or designee will notify the Campus Provost (for matters involving students) or the AVP of Human Resources (for matters involving employees) as soon as possible after trespassing an individual
  3. In matters involving students with disabilities or perceived disabilities, the Chief of Security or designee, when assessing whether a student poses a significant risk to the health or safety of themselves or others, shall conduct an individualized and objective assessment using his or her reasonable judgment based upon current medical information or the best available objective evidence to ascertain the following:
    1. The nature, duration, and severity of the risk; and
    2. The probability that the potential harm will actually occur; and
    3. Whether reasonable modifications of policies, practices, or procedures will significantly mitigate the risk.

      If a student is registered with SAIL, the Chief of Security or designee, when determining whether to issue the student a trespass notice, may consult with SAIL representatives and shall be deemed to have a legitimate educational interest in all of the student’s education records (including medical records) maintained by SAIL.
  4. Immediate Appeal – Students. Trespassed students may request an immediate review of the College’s decision to issue a trespass notice, subject to the following:
    1. The appeal shall be made in writing using the Trespass Appeal Form to the Vice President of Academic and Student Affairs/CLO (e-mail is sufficient) within two (2) business days of the date of issuance of the trespass notice (not including the date of issuance), and shall be based upon at least one of the following:
      1. An egregious error pertaining to the student’s involvement; or
      2. The student does not pose an ongoing threat of harm to the health, safety or general welfare of the College community, or to College property.
    2. The student shall have the burden of proof by clear and convincing evidence.
    3. The Vice President of Academic and Student Affairs/CLO will determine the College official(s) who will hear the appeal, who may be or include the Vice President of Academic and Student Affairs/CLO.
    4. The student may be required to be evaluated by a mental health provider selected by the College before hearing or considering any request. The individual may be required to sign a release of information allowing the College’s selected mental health provider to provide a summary of findings and recommendation to the presiding College official(s).
    5. The student will be afforded a reasonable opportunity to be heard and present evidence to the extent possible and practicable under the circumstances (the student will not be allowed to appear in person as a result of being trespassed from College property).
    6. Prior to rescinding any trespass, the presiding College official(s) shall consult with the Vice President overseeing the Security Department to ensure awareness of all updated safety and security concerns involving the individual in question.
    7. The appeal will be completed within ten (10) business days of receipt of the request, which may be delayed due to a semester break, closing of the College, or other extenuating circumstances.
    8. The student shall be notified of the outcome within three (3) business days of decision.
    9. If the student does not request an immediate appeal, or if the trespass notice is affirmed after immediate appeal, the trespass will remain in effect indefinitely until further notice.
  5. Requests for Reconsideration. Trespassed persons may request reconsideration of a trespass notice within one (1) year of the date of issuance, subject to the following:
    1. The request shall be made in writing using the Trespass Appeal Form to the Vice President of Academic and Student Affairs/CLO (e-mail is sufficient), and shall be based upon at least one of the following:
      1. The person does not pose a threat of harm to himself or herself or the College community or to College property;
      2. The person is unlikely to cause future disruption or interference with normal College operations; or
      3. Other good cause exists to reconsider the trespass notice.
    2. The trespassed person shall have the burden of proof by clear and convincing evidence.
    3. The Vice President of Academic and Student Affairs/CLO will determine the College official(s) who will hear the request, who may be or include the Vice President of Academic and Student Affairs/CLO.
    4. The trespassed person may be afforded a reasonable opportunity to be heard and present evidence to the extent possible and practicable under the circumstances (the person will not be allowed to appear as a result of being trespassed from College property). However, the presiding College official(s) may demand the trespassed person provide additional information and/or submit to medical and/or mental health evaluation(s) at the trespassed person’s own expense by a mental health provider selected by the College before hearing or considering any request. The individual may be required to sign a release of information allowing the College’s selected mental health provider to provide a summary of findings and recommendation to the presiding College official(s).
    5. If the trespassed person desires to attend classes in an upcoming term, requests must be made at least thirty (30) days prior to the start of such term.
    6. Prior to rescinding any trespass, the presiding College official(s) shall consult with the Vice President overseeing the Security Department to ensure awareness of all updated safety and security concerns involving the individual in question.
    7. If a trespassed person does not request reconsideration within one (1) year of the date of issuance, or if the trespass notice is affirmed after hearing a request for reconsideration, the trespass will remain in effect indefinitely until further notice. Timely made requests for reconsideration (i.e. made within 1 year of the date of issuance) which are denied will not be considered again until the expiration of one (1) year from the date of denial (and only if a new request is made).
  6. Trespassed students may be administratively withdrawn from any currently enrolled courses at the discretion of the administration and/or may have an administrative hold placed on their accounts.

  7. The issuance of a trespass notice to any student does not prohibit the commencement of, or hold in abeyance, any disciplinary proceedings under the Student Code of Conduct.