Campus Trespass Policy

UNC Asheville Campus Trespass Policy

Effective Date: 8/8/2025
Responsible Office: Public Safety
Approval Authority: Chancellor
Last Reviewed: 8/8/2025

POLICY STATEMENT

University of North Carolina Asheville (UNC Asheville) is a public institution of higher education that can be visited by the general public. UNC Asheville has the ability to determine the expectations and parameters for a person’s presence on University property. Consistent with applicable laws, the University has the ability to restrict, withhold, or remove a person’s access to or presence on University property. This policy describes the circumstances under which a person’s access to or presence on some or all University property may be restricted.

AUTHORITY

The administrative and executive head of each constituent institution shall be the chancellor, who shall exercise complete executive authority therein, subject to the direction of the president. UNC Asheville’s Chancellor has delegated to the UNC Asheville Police Department the primary authority to restrict, withhold, or remove access to University property from persons who pose a threat or risk to the safety and security of the University community or University property. Trespasses may be issued by University Police.

DEFINITIONS

University property: means owned, leased to, managed, or controlled by UNC Asheville and/or its Endowment Fund, and also includes any form of UNC Asheville transportation.

Authorized University official: for purposes of this policy means any University Police officer, Associate Vice Chancellor for Student Affairs/Dean of Students, or designee.

Trespassing: entering or remaining on another person’s property without permission. This includes entering property that is clearly secured or enclosed to keep out intruders, or entering a building owned or controlled by someone else.

 

SCOPE AND APPLICATION OF POLICY

This Policy applies to all UNC Asheville students and employees as well as contractors, volunteers, invitees, and any other person visiting University property.

Persons who violate University policies or pose a risk to campus safety or security may be advised to leave by an Authorized University Official. Persons may be trespassed from University Property pursuant to North Carolina General Statutes §14-159.12 or §14-159.13 or as authorized by this Policy.

PROCEDURES

Grounds for Trespass

Persons may be directed to leave, prohibited from entering University Property, issued a trespass notice, or charged with trespassing for reasons including but not limited to the following:

  1. Commission or conviction of any local, state or federal criminal offense on or off University property;
  2. Violation of University policies, regulations or rules;
  3. Engaging in behavior or conduct that presents a threat or risk to the safety and security of the University community or property;
  4. Engaging in behavior or conduct that obstructs, disrupts, interrupts or attempts to force the cancellation of any University operations or events, including educational activities or other essential University processes, or activities by users authorized to use the University’s facilities; or
  5. Behaving in a disorderly or disruptive manner while on University property.

Verbal Warning

A verbal warning of trespass may be issued when an Authorized University Official provides verbal warning to a person that the person should not enter or remain on University property. A verbal warning may include notice that the person may not enter or remain on University property or they may be arrested.

Written Notice of Trespass

A written notice of trespass may be issued when an Authorized University Official provides written notice to a person that the person should not enter or remain on University property. A trespass notice may include warning that the person may not enter or remain on University property or they may be arrested.

Trespass Charge

A Trespass Charge may be issued by University Police from University property pursuant to North Carolina General Statutes §14-159.12 or §14-159.13 or as authorized by this Policy.

Scope and Duration

A trespass is to be limited in scope to that which is reasonably necessary for the protection of the University community. The duration of a trespass is two (2) years unless otherwise specified or as may be modified upon appeal.

Reduction or Removal of Trespass

The Chief of Police may lift or reduce a trespass if, in their discretion, they determine that circumstances justify removal or reduction of the trespass. The person subject to the trespass should not return to the restricted area until they have been notified by University Police that the trespass has been lifted.

STUDENT DISCIPLINE TRESPASS

Students may be trespassed as part of student conduct outcomes, primarily suspension or expulsion, through the Office of Student Conduct. A student who has been trespassed from the University and/or residence halls as a result of a conduct sanction may appeal as described in the Code of Student Responsibility. University Police shall be notified of any conduct cases that may require Trespass warning or notices. Verbal warnings or written notices of trespass issued as part of a student conduct process must be submitted to University Police by the end of the business day on the day they are issued.

APPEALS

A person who has been given a trespass warning may appeal by submitting a written appeal via email to the Chief of Police within ten (10) business days of the warning. The written appeal must include the person’s contact information, trespass notice information, date of issuance, reason for being on University property that resulted in the trespass, and the person’s future need to be on University property. The trespass remains in effect during the appeal.

The appeals must be based on at least one of the following:

A. The warning was in error and the facts establishing the error (this factual presentation can include witness statements)

B. Circumstances showing the appellant was not involved in the incident;

C. Any circumstances showing that the incident was not a trespass or that the trespass did not occur; and

D. That the appellant has a lawful purpose to be on campus and the facts establishing that lawful purpose.

The Chief shall review the written appeal and the record of the trespass to determine if the trespass was appropriately issued. The Chief may accept, reject, or modify the trespass in a written decision that will be mailed to the appellant within ten (10) business days of receiving the written appeal. If the period of the trespass is thirty (30) calendar days or less, the Chief’s decision is final. If the period of the trespass exceeds thirty (30) calendar days, the person has the right to appeal the Chief’s decision to the Vice Chancellor for Student Affairs (hereinafter referred to as the VCSA).

Appeals to the VCSA must be received within ten (10) calendar days from receipt of the Chief’s decision. Failure to submit the appeal within this time limit will render the Chief’s decision final. The Chief’s decision shall remain in effect during the appeal.

After receiving and reviewing the written appeal and the record of trespass, the VCSA may, in their sole discretion:

(a) request additional information or documentation from any involved party, including University Police, for further consideration;

(b) schedule a meeting where all involved parties may attend to present information and documents in person; or

(c) uphold, rescind, or modify the trespass.

The VCSA shall inform the person of their appeal decision in writing via email. The Vice Chancellor’s decision shall be the final University decision.

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