Campus
Trespass Information Sheet
What is a
trespass notice?
Owners of private
property, such as Mount Holyoke College, have the authority through
Massachusetts General
Laws Chapter 266 Section 120 to issue trespass notices to individuals
to prevent their return to the owner's property. Officers of the
Department of Public Safety have been authorized by the Board of
Trustees to issue trespass notices for Mount Holyoke College property.
A trespass notice
is a verbal or written notice issued by a Mount Holyoke College
Public Safety Officer to stay off the Mount Holyoke College campus.
Violation of a trespass notice may result in arrest or in criminal
prosecution.
Who can be
trespassed?
- A trespass
notice can be issued to any person Public Safety officers observe
or receive a complaint about who meet any of the following criteria:
- cause harm
or inflict injury to college community members
- threaten
or intimidate members of the community
- disrupt academic
and administrative business of the college
- cause damage
to college or personal property
- commit serious
or other criminal activity
- violate college
policy
How long
is a trespass issued for?
A trespass is
generally valid indefinitely. However, trespass notices are reviewed
upon request of the person trespassed. The Department generally
consults with the victim and/or the Deans to evaluate a trespass
appeal.
What are
the Boundaries Covered by a Trespass Notice?
Mount Holyoke
College trespass notices are valid only for Mount Holyoke College
property. If safety concerns of a community member extend beyond
campus property, a Domestic Violence restraining order from the
court, if applicable, may be sought. Generally these, when issued,
will include a stay-away from campus property. However, a trespass
order can be requested as well to cover a longer period than restraining
orders are issued for, and have lower standards of issuance than
restraining orders do. Officers can assist victims of domestic violence
in obtaining court orders.
How is a
trespass issued?
Generally, trespass
notices are given in hand to individuals that Public Safety receives
complaints about or observes violating the above criteria. Sometimes,
notices are mailed to individuals. Once the individual receives
the trespass notice, or in the case of mailed notices, once the
certified receipt is returned to Public Safety, the trespass notice
is active and enforceable.
I have been
trespassed from campus; I was invited to come on campus
No one other
than the Director of Public Safety can give permission for someone
who has been trespassed to come on to campus for any purpose. The
Director reserves the right to deny any appeal based on the needs
of the community.
How Can I
Request a Trespass Notice be Issued?
Come in to the
Public Safety office and speak with an officer. Trespass notices
can only be issued after an incident report is filed with Public
Safety. Officers will then determine if the incident meets the above
criteria. Trespass notices can be issued for your protection even
for incidents which occur off the Mount Holyoke College campus.
What is the
appeals process?
Each notice
that is issued includes information about the appeals process. Appeals
are usually done in writing and are reviewed by the Director of
Public Safety. The criteria for appeals review include, but are
not limited to; a determination of the threat posed by the individual
to the community, review of the individual's need to be present
on campus, review of the incident or supporting documentation resulting
in the trespass notice being issued, etc.
What information
will a victim get if a trespass is modified or rescinded?
Any time the
Director of Public Safety is considering modifying or rescinding
a trespass notice as a result of an appeal, the Director will contact
the victim and discuss the appeal. If, however, the victim is no
longer a member of the Mount Holyoke College community, she or he
will not be contacted. The Director may consult with other college
personnel as part of the appeal review process. In cases where the
victim is a student, Public Safety may consult with the Dean of
the College and when the victim is an employee, Public Safety may
consult with the Director of Human Resources. The victim will be
informed of the outcome prior to any modification or revocation.
In cases where the victim disagrees with the outcome, they may request
a meeting with the Director of Public Safety and the Dean of the
College, or the Director of Human Resources (whichever is appropriate).
Notification of the appellant will be held until this meeting is
completed.
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