Ohio Administrative Code|Rule 3341-6-36 | "Persona non grata" status for campus visitors.

                                                
(A) Policy statement and
		  purpose
BGSU is authorized by law to regulate the use of
		  university premises so that the universitys educational objectives and
		  programs can be pursued in an orderly manner. Accordingly, BGSU adopts this
		  policy, which shall not be construed to limit the authority of university
		  officials to take other action as may be warranted by the circumstances.
(B) Policy
(1) Definitions
(a) "Persona non grata" means a visitor whose
				behavior has been determined to be detrimental to the university community and
				who is not permitted to be present on the university premises. An individual
				who is persona non grata is subject to prosecution for trespass should they be
				found on the university premises.
(b) "Visitor" means any person who is neither a
				currently enrolled student nor an employee. This definition includes persons
				enrolled at the university in the past but who have graduated, transferred, or
				who are not enrolled for the current academic term. It also includes former
				employees. The term "visitor" does not include any person who is
				subject to the jurisdiction of the code of student conduct or to disciplinary
				processes applicable to employees. If a persons status is in doubt the
				university may commence action under this policy and refer the matter to the
				appropriate procedure if the person is later determined to be a student or
				employee.
(c) "Behavior detrimental to the university
				community" includes but is not limited to actions by a visitor which
				disrupt or interfere with university operations or programs or pose a
				reasonably foreseeable risk of doing so; are offenses against persons or
				property; violate a previous legitimate direction given by a university
				official; or are a violation, after notice has been given, of any university
				policy or rule or regulation. It does not include the exercise of free speech
				or the right to assemble peaceably or other constitutionally-protected
				conduct.
(2) Authority and
			 delegation
Only the university president or their designee
			 has the authority to declare a person persona non grata. The university
			 president delegates authority to administer this policy to the vice president
			 for finance and administration ("VPFA").
(3) Initial
			 determination, notice, and hearing
(a) Upon receiving a report that a visitor has engaged in
				behavior detrimental to the university community, the VPFA may make an initial
				determination of persona non grata status.
(b)  After making an
				initial determination of persona non grata status, the VPFA shall cause the
				visitor to be served with notice that they are barred from the university
				premises for the period stated in the notice. Service shall be made by the best
				means available. The restrictions imposed by persona non grata status shall
				take effect upon service of the notice or five business days after service is
				attempted, whichever comes first.
(c) The notice must be
				reviewed by the office of general counsel before it is served. It shall
				contain:
(i) The name and last known address of the
				  visitor.
(ii) A statement of the behavior warranting the persona non
				  grata notice and a copy of this policy.
(iii) A statement that the visitor is persona non grata and
				  barred from being on the university premises. The visitor shall be informed
				  that this status shall continue until a date specified (not to exceed two
				  years).
(iv) A statement that the visitor is entitled to a hearing
				  to be conducted before the VPFA who may, based on the evidence presented,
				  revoke or modify the visitors persona non grata status or extend it for
				  up to five years.
(v) The name, office phone, office location, and email
				  address of the VPFA.
(vi) A statement that the visitor must contact the VPFA to
				  request a hearing within ten business days of the date of the
				  notice.
(vii) A warning that the visitors failure to timely
				  request a hearing will result in a continuation of persona non grata status for
				  the period specified in the notice. 
(d) After receiving a timely request, the VPFA shall
				schedule a hearing at a time and place of the VPFAs choosing and give
				the visitor written notice of it (email is sufficient). 
(e) The hearing shall be conducted by the VPFA, who will
				hear and weigh all information presented. Formal rules of evidence shall not
				apply. The hearing shall be audio recorded. The recording shall be the property
				of the university and kept until the completion of any review under this
				policy. The following procedures shall be used at the hearing:
(i) If the visitor is not present or chooses not to
				  participate, they may be deemed to have waived the hearing or it may proceed at
				  the discretion of the VPFA.
(ii) A representative of the university shall explain the
				  initial determination and the reasons for it. The representative may present
				  additional evidence (including witnesses) and ask relevant questions of any
				  witnesses. 
(iii) The visitor may challenge the grounds for the initial
				  determination and the evidence against them; present evidence (including
				  witnesses) on their own behalf; and ask relevant questions of any witnesses.
				  
(iv) The visitor may be accompanied by another individual
				  who may serve in an advisory capacity but not participate directly in the
				  hearing.
(v) For good cause, the VPFA may adjourn the hearing and
				  resume it on another day chosen by the VPFA. 
(vi) If the VPFA finds by a preponderance of the evidence
				  that the visitor engaged in the behavior alleged and that it was behavior
				  detrimental to the university community, the VPFA may continue the visitor on
				  persona non grata status. 
(vii) The VPFA may take into consideration the nature of the
				  behavior, the reasons for it, and the likelihood of its recurrence. The VPFA
				  may continue the visitor on persona non grata status for a period of up to five
				  years subject to conditions (if any) that the VPFA finds
				  reasonable.
(f) Notification of hearing outcome.
The VPFA shall send the visitor prompt
				written notification of the hearing outcome, usually within ten business days
				of the hearing. Receipt of the notification should be verified when
				practicable. 
(4) Review of the hearing
			 outcome
(a) A visitor on persona
				non grata status may submit a written request for review to the president. The
				request must be submitted to the president within ten business days of the date
				on the VPFAs notification of hearing outcome.
(b) The review shall be
				made by the president or a designee. 
(c) The review shall be
				limited to the hearing record developed before the VPFA and the notification of
				hearing outcome. The president or designee shall not consider any facts not
				presented to the VPFA at the hearing unless it is shown that the facts could
				not have been discovered by the visitor through reasonable diligence in time
				for the hearing. 
(d) The president or
				designee shall consider whether there is adequate factual support in the record
				to support the conclusion reached by the VPFA. The president or designee shall
				also consider whether any procedural error(s) identified by the visitor in
				their written request for review reasonably may have affected the outcome of
				the hearing.
(e) The visitors
				persona non grata status shall remain in effect pending a decision on the
				review. The president or designee shall promptly render their decision, usually
				within ten business days of receipt of the request for review. That decision
				shall be final.
(5) Duration and modification of persona non grata
			 status
Persona non grata status, whether based on an
			 initial determination or the outcome of a hearing, will continue without
			 interruption for the stated period unless modified in writing by the president
			 or the VPFA. 
On their own initiative or upon request and for
			 good cause shown, either the president or the VPFA may rescind persona non
			 grata status or modify it to allow the visitor to enter designated university
			 location(s) for a specified purpose and limited period of time. The decision
			 whether to rescind or modify persona non grata status is final.


Last updated September 29, 2021 at 9:17 AM