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6-14 VCU Ban Process

Policy Type: Local

Responsible Office: Chief of Police, Virginia Commonwealth University Police Department

Initial Policy Approved: 4/8/2016

Current Revision Approved: 11/1/2019

 

General

It is VCU Police Department’s policy to provide a safe and secure environment for students, faculty, staff and visitors of the VCU community through patrol activities and enforcement of applicable laws and regulations on property owned or controlled by VCU or VCUHS. The purpose of this directive is to establish the applicable procedures for banning individuals from VCU or VCUHS owned or controlled property and enforcement of existing bans.

 

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive. Failure to comply will result in appropriate corrective action. Responsibility rests with the division commander to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

 

Conditions for Ban from VCU Property

  1. When an individual poses a threat to persons, property or university operations, or has committed repeated violations of university policies and/or law within areas owned or controlled by VCU or VCUHS, the Chief of Police or their designee is authorized by the Code of Virginia § 23.1-815 to issue a Ban Notice (ban) that excludes individuals from all VCU or VCUHS property or a specific building or area. When circumstances warrant, banned individuals may be allowed to visit VCU or VCUHS property for the purposes of seeking of medical treatment or other pertinent reasons, within the discretion of the Chief of Police or their designee. Ban violations constitute a Class 1 Misdemeanor and may be grounds for arrest.
    1. When an officer encounters an individual whose conduct would justify a ban from VCU or VCUHS property, the officer shall conduct a field interview.
      1. NOTE: If the conduct constitutes a criminal offense, the officer shall use their discretion in determining whether an arrest may be made in lieu of a field interview.
    2. If a ban is on file for the individual, the officer shall arrest the individual for trespassing or issue a summons, as appropriate.
    3. If the individual’s conduct poses a threat to persons or property, the officer shall verbally advise the individual of the VCU ban process, and may issue a ban if authorized by the Chief of Police or their designee.

 

VCU Ban Process

  1. If an officer determines that the individual should be banned from VCU property, the officer must notify their on-duty supervisor.
  2. The on-duty supervisor shall initiate the Ban Notice draft through the Patrol Captain, Investigations Sergeant, or Executive Coordinator, as applicable.
  3. The Ban Notice shall be signed by the Chief of Police or their designee, in their discretion, and must include the banned subject’s date of birth.
  4. Once the Ban Notice is ready for service, a copy of the notice must be provided to Dispatch in order to initiate an appropriate alert entry in RMS. If the Ban Notice is pending service, the on-duty Dispatch manager must enter a “Contact Detective Upon Contact” RMS alert (IBR Code 12) and enter “Ban Pending Service” in the alert’s source field.
  5. Service of the Ban Notice must be executed via in-person service or certified mail return receipt.
  6. When executing service, the serving officer shall provide the excluded subject with the original Ban Notice and request that the subject sign the certificate of service.
    1. Note: Should the subject refuse to sign the certificate of service, the serving officer must note on the certificate that the subject received the Ban Notice but refused to sign the certificate, and sign and date the same.
  7. Upon returning to VCU Police Headquarters, the serving officer must submit the completed certificate of service to Dispatch. Once received, the on-duty Dispatch manager must create an RMS “VCU Property Ban” alert for the banned subject, to include the active date, expiration date and the parameters of the ban in the notes section of the alert.
    1. If the banned subject has a preceding “Contact Detective Upon Contact” RMS alert indicating that a VCU ban was pending service, this alert title must be modified to a “VCU Property Ban” and the source field updated to indicate the date and method of service (in-person or certified mail). The alert should also include the ban’s active date, expiration date, and any applicable parameters of the ban in the notes section.
  8. The Ban Notice shall provide information on the banned subject’s right to contest and appeal the ban, which shall be guided by the following procedures:
    1. A banned individual may contest the ban by submitting written documentation to the below address:
      1. The Office of the Chief of Police can be reached by telephone or mail: (804) 828-1210, 224 E. Broad St. Box 842024 Richmond, VA 23284-2024.
      2. After meeting with a banned individual, the Chief of Police will sustain, rescind, or modify the ban.
    2. After contesting the ban with the Chief of Police, if the banned individual is unsatisfied with the outcome, the individual may appeal in writing to the Associate Vice President for Public Safety.
      1. Written appeals should be mailed to: 224 E. Broad St. Box 842024 Richmond, VA 23284-2024
      2. Written appeals should include all of the following:
        1. Appellant’s contact information
        2. Ban Notice information, including the date and location of issuance
        3. Reason for being on VCU or VCUHS property at the time the ban was issued
        4. Future need to be on VCU or VCUHS property
        5. Any other information the appellant wishes to be considered
      3. After the appeal is received, the Associate Vice President for Public Safety will review the appeal and any records related to the ban to determine whether the ban should be lifted or modified.
        1. NOTE: If the ban was initiated by VCUHS staff, the Associate Vice President for Public Safety will seek input from VCUHS to inform the appeal process.
      4. The Associate Vice President for Public Safety will sustain, rescind or modify the ban in a written decision that will be mailed to the address provided by the appellant in their written appeal. If circumstances allow, the decision should be sent within ten (10) business days of receipt of the appeal.
    3. These processes are not applicable to any criminal charge(s), as criminal charges are decided through the appropriate court system.
    4. If a ban is contested and an appeal is filed, the restrictions set forth in the Ban Notice will remain in effect until the appeals process is complete.
    5. If a ban is sustained and the banned individual returns to a restricted area, they will be subject to arrest.

 

Protocol for Banned Persons

  1. Upon detaining an individual, Dispatch will notify the officer of any current bans.
  2. If a ban is in effect, the officer shall enforce the ban and the individual is subject to arrest for trespassing (Class 1 Misdemeanor), unless a supervisor authorizes otherwise.
  3. Persons excluded from VCU property are generally excluded from both campuses, but may request exceptions based on legitimate reasons for visiting VCU or VCUHS property. Requests for exceptions must be made in writing, either to the Chief of Police or within the banned individual’s appeal. The responsible officer should note any request for an exception on the certificate of service, if known at the time of service.
  4. Bans from VCU property will automatically expire within three (3) years, unless otherwise noted within the Ban Notice.
  5. The Executive Coordinator and Dispatch are responsible for retaining all ban records. Annually, Dispatch will review all ban records to ensure accuracy within RMS.
  6. Ban records shall be retained in accordance with the Virginia Public Records Act § 42.1‐85, specifically the Library of Virginia’s Records Retention and Disposition Schedule GS‐117.

 

Forms

  1. Field Interview Report
  2. Incident Based Report
  3. Ban Notice and Service Template
  4. RMS Alert

 

Revision History

This policy supersedes the following archived policies:

4/8/2016 - 6-14 VCU Ban Process