PURPOSE:

The purpose of this policy is to provide the means for excluding persons from the CSU Pueblo Campus, or portions thereof, who Trespass or present a danger to the campus community, disrupt the orderly functioning of the campus, or whose presence is otherwise deemed detrimental to the campus community or incompatible with the function of the campus.

DEFINITIONS:

Applicable Laws: The statutes pertaining to this policy, including:

• Colo. Rev. Stat. (C.R.S.) § 18-9-109, which provides in part that:

(1) No person shall, on or near the premises or facilities of any educational institution, willfully deny to students, school officials, employees, and invitees:

(a) Lawful freedom of movement on the premises;

(b) Lawful use of the property or facilities of the institution;

(c) The right of lawful ingress and egress to the institution's physical facilities.

(2) No person shall, on the premises of any educational institution or at or in any building or other facility being used by any educational institution, willfully impede the staff or faculty of such institution in the lawful performance of their duties or willfully impede a student of the institution in the lawful pursuit of his educational activities through the use of restraint, abduction, coercion, or intimidation or when force and violence are present or threatened.

(3) No person shall willfully refuse or fail to leave the property of or any building or other facility used by any educational institution upon being requested to do so by the chief administrative officer, his designee charged with maintaining order on the school premises and in its facilities, or a dean of such educational institution, if such person is committing, threatens to commit, or incites others to commit any act which would disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions of the institution.

• C.R.S. § 18-9-110, which provides that it is unlawful for any person to “willfully refuse or fail to leave” a public building owned, operated, or controlled by the state when “requested to do so by the chief administrative officer or his designee charged with maintaining order in such public building, if the person has committed, is committing, threatens to commit, or incites others to commit any action which did, or would if completed, disrupt, impair, interfere with, or obstruct the lawful missions, processes, procedures, or functions being carried on in the public building.”
  
  
• C.R.S, § 18-4-502, First Degree Criminal Trespass

Campus: All grounds, buildings and facilities owned by or under the control of CSU Pueblo.

Subject: The individual(s) identified in the Exclusionary Order to be excluded from the Campus.

Trespass: Unlawful conduct pursuant to any of the Applicable Laws.

POLICY:

In accordance with the Applicable Laws, CSU Pueblo reserves the right to exclude any person from all or any part of the Campus. Such right may be exercised by the CSU Pueblo President, or by the Director of Campus Safety and Emergency Management (“Director”) or other person authorized by the President, by issuing an Exclusionary Order (“Order”) to the person to be excluded (the “Subject”). If the Order is issued by the Director or other designee of the President, it shall be subject to review and approval by the President within five university business days.

Such reserved right shall be in addition to all other rights of CSU Pueblo, including internal discipline and other remedies under law or policy, and is not an election of remedies.

The Order will be delivered to the Subject as set forth in the section on Notices, below. The Subject’s failure or refusal to accept delivery of the Order constitutes receipt and acceptance of the Order. Upon issuance of the Order, the Subject shall be barred (and, when necessary, removed) from the Campus or any specific locations indicated in the Order, and any Trespass thereon may be prosecuted by CSU Pueblo to the fullest extent of the law.

Exclusionary Order

The Exclusionary Order shall contain:

• The effective date, and a statement that the Order will remain in effect until revoked or modified.
• A statement to the effect that the Subject is entitled to request a meeting with the Director to review the Order, and an explanation of how to request the meeting. Such request shall be delivered in accordance with the provision on Notices, below, within seven University business days after the Order is delivered to the Subject. Failure to request a meeting within the time specified will result in the forfeiture of any right to a meeting.

Subject’s Meeting with Director

The meeting between the Subject and the Director may be held by telephone or video call; there is no express right to attend the meeting in person. Either party or their representative may choose to record the meeting.

The Order remains in full force and effect during the time the meeting is pending and taking place, and thereafter until expired or revoked.

At the meeting:

• The Subject shall have the right to be heard on the reasons why the Order should not be enforced as issued.
• The Subject shall have the right to be accompanied by one advisor of the Subject’s choice. The advisor may, but need not, be an attorney. The advisor must identify themselves to the Director. The advisor shall be limited to advising the Subject during the meeting, not speaking on the Subject’s behalf. Disruptions during the meeting will not be permitted.
• The Director of Campus Safety may be advised by legal counsel for the University.

Within 30 days of the conclusion of the meeting, the Subject shall be notified in writing of the decision of the Director.

Request for Reconsideration

A request for reconsideration of the Order may be made in writing no less than 12 months after issuance by submitting the request to the Director, in writing, according to the Notice provision below. Reconsideration shall only be granted if, in the Director’s sole discretion, the requesting individual has shown, by clear and convincing evidence, that the underlying reason for the Order is no longer a concern and no other reasons exist to keep the Order in force as issued. The passage of time, in and of itself, shall not serve as a basis for revoking the Order.

The Director may revoke, modify, or confirm the Order. If the order is confirmed, it will remain in effect without further notice. Any subsequent requests for reconsideration may be made only after 12 months from the date of the last reconsideration decision.

Notices

Any notice or writing required to be provided under this policy must be delivered by hand delivery, courier service (e.g., FedEx, UPS, etc.) or U.S. Postal certified mail with return receipt requested. Faxes and emails shall not be accepted or effective as notice. For notices to CSU Pueblo, the following information shall be used:

Office of the General Counsel
2200 Bonforte Blvd.
Pueblo, CO 81001
719-549-2130

As used herein, the option of “hand delivery” does not mean that the Subject may enter upon Campus grounds from which they have been excluded for purposes of making a delivery.

For delivery to the Subject, notices shall be hand delivered or sent to the Subject’s last known address that the University has in its records.

APPROVAL:

By: Armando Valdez, President

12/16/2024