UC IRVINE ADMINISTRATIVE POLICIES AND PROCEDURES

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Sec. 900-21: Withdrawal of Consent to Remain on Campus - Procedures

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

References / Resources

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

A. Procedures

  1. Summary Exclusion Without a Hearing
    1. Definitions (see Penal Code Sec. 626.4)
      1. The term "person" means any individual including students, employees, and nonstudents.
      2. The term "disrupt" means a physical or forcible interference, interruption, or obstruction. In the campus context, "disrupt" means a physical or forcible interference with normal University activities.
    2. Any person committing or having committed an unlawful act causing physical or forcible interference, interruption, or obstruction with normal University activities shall:
      1. Have consent to remain on campus summarily withdrawn if the person's conduct is such as to constitute, or to incite to, a substantial and material disruption incompatible with the peaceful functioning of the academic institution and of those upon its campus.
      2. If an exclusion order issues without a prior hearing, the person being given notice of withdrawal of consent to remain on campus should be given a Notice of Withdrawal of Consent to Remain on Campus.
    3. If notice of withdrawal to remain on campus is given prior to a hearing, the following procedures shall be observed:
      1. Within 24 hours, the authorized individual withdrawing consent to remain on the campus shall submit a Report to the Chancellor. Campus Police reports may be used to meet this reporting requirement. Such a report shall give a statement of facts which gave rise to the exclusion order.
      2. Only when the Chancellor is absent from the campus shall the properly designated individual acting for the Chancellor review the reports. (See Chancellor's Letter.)
      3. The person from whom consent to remain on the campus was withdrawn may make a written request for a hearing within the two-week period of exclusion. Such written request shall contain the address to which the notice of hearing is to be sent.
      4. The Chancellor shall grant the request for a hearing to be held not later than seven days following the request by the person excluded and shall mail a Written Notice of Hearing of the time, date, and place of the hearing.
      5. The Chancellor, or the properly designated individual during the absence of the Chancellor, shall reinstate consent to enter the campus whenever there is reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus.
      6. In no case shall consent be withdrawn for longer than 14 days from the date on which the consent was initially withdrawn.
  2. Exclusion With Prior Hearing

    If withdrawal of consent to remain on the campus is not to take place until after a hearing on exclusion, the Chancellor shall appoint a hearing officer who shall conduct a hearing on withdrawal as expeditiously as possible. The hearing officer shall hear the facts, prepare written findings, and make a recommendation to the Chancellor.

B. Procedures for Persons Other Than Students or Employees

Any person who reasonably appears to the Chancellor, or the person designated by the Chancellor (see IDA136), to have committed an unlawful act by interfering, interrupting, or obstructing the normal University activities (see Penal Code Sec. 626.6) shall:

  1. Be given a notice of withdrawal of consent to remain on campus prior to a hearing of such exclusion, if such person's continued presence on the campus constitutes a substantial and material threat of significant injury to persons or property during an emergency occasioned by a campus disorder.
  2. Be issued a Notice of Withdrawal of Consent to Remain on Campus (for a person who is not a student or employee).
  3. Any person who fails to leave the campus when ordered to do so by the Chancellor or a person designated by the Chancellor, or who willfully and knowingly re-enters the campus within seven days after being directed to leave, he or she is guilty of a misdemeanor.