UC IRVINE ADMINISTRATIVE POLICIES AND PROCEDURES

Physical Environment and Properties

Buildings and Grounds: General Use

Sec. 900-20: Withdrawal of Consent to Remain on Campus - Policy

Responsible Administrator: Associate Vice Chancellor - Administrative & Business Services
Revised:
April 2012

References / Resources

Contact: Associate Vice Chancellor - Administrative and Business Services at (949) 824-5108

Section 626.4(a) of the California Penal Code authorizes the chief administrative officer of a campus of the University or a person designated by that officer to issue an order summarily barring any person from the campus upon "reasonable cause to believe that such person has willfully disrupted the orderly operation of the campus." If the individual fails to leave or willfully and knowingly re-enters the campus during the period in which consent has been withdraw (not to exceed 14 days), he or she is guilty of a misdemeanor.

Section 626.6 of the California Penal Code authorizes the chief administrative officer or a person designated by that officer to direct a person other than a student, officer, or employee to leave the campus if "such person is committing any act likely to interfere with the peaceful conduct of activities of such campus or facility, or has entered such campus or facility for the purpose of committing any such act . . . ." If the individual fails to leave or willfully and knowingly re-enters the campus within seven days after being directed to leave, he or she is guilty of a misdemeanor.

Both of the foregoing sections cannot be literally applied. A California Supreme Court decision, Braxton v. Municipal Court (1973) 10 Cal. 3d 138, has significantly narrowed the permissible interpretation of Section 626.4. Section 626.6, a parallel statute, should be construed in the same manner as Section 626.4.

A. Interpretation

  1. A person may be excluded from the campus pursuant to Penal Code Section 626.4 or 626.6 only when the person's conduct or words are such as to constitute, or to incite to, a substantial and material physical disruption incompatible with the peaceful functioning of the academic institution and of those upon its campus.
  2. Summary exclusion from the campus without a preexclusion hearing is authorized only when the person excluded has committed acts illegal under other statutes. Such unlawful acts include, but are not limited to, assault, battery, physical obstruction of ingress or egress, refusal to leave a public building upon request after its regular closing, destruction of property, incitement or participation in a riot, remaining at the scene of a riot after a lawful warning to disperse, resisting a police officer, possessing a firearm and ammunition on campus, concealment or malicious possession of explosives, arson, or attempted arson, possession of an incendiary or fire-bomb, and physical intimidation of students and professors seeking to attend classes.
  3. A summary exclusion order may issue without a prior hearing only when necessary to prevent a significant injury to persons or property during an emergency occasioned by a campus disorder. In other words, if the chief administrative officer or person designated by that officer reasonably finds that the situation is such an exigent one that the continued presence on campus of the person from whom consent to remain is withdrawn constitutes a substantial and material threat of significant injury to persons or property, a summary exclusion may take place. If an exclusion order issues without a hearing, a postexclusion hearing must be held as soon as reasonably possible, not later than seven days following a request by the person excluded. In all other cases, a preexclusion hearing is necessary.

B. Authority

The Executive Vice Chancellor, Vice Chancellors, Executive Director UCI Medical Center, Deputy Executive Director UCI Medical Center, and University Police Officers are charged with maintaining order on the Irvine campus of the University of California in accordance with procedures (see Section 900-21) based upon California Penal Code Section 626.6 and on the California Supreme Court's interpretation of California Penal Code Section 626.4.