Policy PO002: No Trespass Orders to Non-Affiliated Individuals
Recommended for Approval by:
Susanne K. Fenske, Ph.D.
Senior Vice President for Institutional Effectiveness and Student
Affairs
Approved by:
Dr. Dale-Elizabeth Pehrsson, President
Effective Date: 07/01/2022

A. Intent
This policy establishes the standards and process that are to be applied when PennWest University of
Pennsylvania (the “University”) considers whether to issue a No Trespass Order to an individual who
is not affiliated with the University.
This policy applies to individuals who are not affiliated with PennWest University of Pennsylvania and
addresses conduct of individuals on all property owned or controlled by the University.
The objective of this policy is to ensure a productive, safe and secure environment for all members of
the University community. The University retains the right to restrict access to any non-affiliated
individual(s) who violates University policy, local ordinance, or public law, including gaining entry
through surreptitious means or by breaking and entering; presents a threat or danger to University
property, self, or any member of the University community; engages in conduct that disrupts of the
University’s educational, working, and living environment.
B. Definition(s)
Appeal: An internal University process that affords an individual the opportunity to have a University
Official independently review the factual basis for the issuance of a No Trespass Order.
No Trespass Order: A written order from the Chief of Police/Director of Public Safety (or designee) or
University Official (or designee) which excludes a Non-Affiliated Individual from all, or a portion of,
University-owned or -controlled property, either permanently or for a specified period of time, based
on a violation of University policy, local ordinance, or public law.
Non-Affiliated Individuals: An individual who is neither an employee nor a student subject to the
Code of Conduct of the University.

Invited Guest: A person, group, club, or other organization invited by a student, staff, or faculty
member for University business or social purposes.
University Official: Any individual delegated authority from the President to issue warnings or No
Trespass Orders under this policy.
C. Policy
The University understands that, as a public institution of higher education, parts of its campus are open
to the general public. The University, however, endeavors to provide and maintain productive, safe, and
secure educational, working, and living environments for all members of the University community.
As a condition to access University property, members of the general public assume an obligation to
conduct themselves in a manner compatible with University policies, local ordinances and public laws. A
Non-Affiliated Individual may be issued a No Trespass Order excluding the individual from University
property if the individual engages in conduct that:
(1) violates a local ordinance, a public law or a University policy;
(2) threatens
a. harm to any member of the University community or themselves or
b. damage to University property;
(3) unreasonably disrupts or interferes with the educational, working, and living environment of
the University; or
(4) gains entry through surreptitious means or breaking and entering.
The following areas are not open to the Non-Affiliated Individuals, other than Invited Guests, without
permission from authorized University personnel: 1
(1) academic/research classrooms and laboratories;
(2) University facilities restricted to use by faculty, staff, and students in connection with
academic activities or residential living; and
(3) University buildings or separate designated building areas used for student residential living.
Any Non-Affiliated Individual who is not authorized to be in any of the aforementioned areas may be
issued a Warning, a No Trespass Order, or be subject to arrest for unlawful trespass. Restricted areas of
the University will be posted accordingly. Similarly, authorized University personnel may provide actual
notice of a restriction through direct communication with an individual entering or remaining in an area
or building not generally open to the public in lieu of such postings. While a great deal of campus remains
open to the public, the University retains the right to restrict access to property owned or controlled by
the University if a person engages in the conduct listed above.
Warning – Purpose and Authority to Issue
A warning may be issued to a Non-Affiliated Individual as a notice of a possible violation(s) of University
policies, local ordinances, or public law. This warning may be issued by any sworn member of the
PennWest University Police Department or the PennWest University Dean of Students and will note the
possible consequences of any future violations.
1

Possession of a ticket for ticketed events constitutes permission associated with that specific event.

A warning issued to a Non-Affiliated Individual must be issued based on sufficient facts establishing the
violation along with any other pertinent information related to the violation. Warnings may be verbal or
written. A copy of any written warning will be issued to the individual along with any other applicable
documentation. Verbal warnings that are issued to Non-Affiliated Individuals may be used as factual
support in the event a No Trespass Order needs to be issued in the future based on a pattern of
misconduct. Non-Affiliated Individuals may be expelled from University property for a period of no more
than twenty-four hours without issuing a written No Trespass Order.
Warnings may be stand-alone temporary restrictions and are not a prerequisite to the issuance of a formal
No Trespass Order.
No Trespass Order – Purpose and Authority to Issue
A No Trespass Order may be issued when a Non-Affiliated Individual violates this policy. No Trespass
Orders may be issued by any sworn member of the PennWest University Police Department or the
PennWest University Dean of Students. No Trespass Orders may be issued for the entire campus or a
specified area, building, or facility on property owned or controlled by the University. No Trespass Orders
will be issued for a specified period of time.
Documentation and Communication
All warnings (oral or written) as well as any No Trespass Orders issued under this policy must be
documented in writing. Such documentation must be preserved by the issuing department and
communicated to both the Chief of Police and the Dean of Students and their respective designees.
Additionally, any newly issued warnings or No Trespass Orders shall be communicated during any shift
changes or transfers of on-call duties so that responsible parties are aware of any new developments.
The granting of temporary permission to an individual to return to campus for a specific reason must be
approved by either the Chief of Police or the Dean of Students and/or their respective designees.
Authority
Act 188 of 1982, as amended, is the enabling legislation for the Pennsylvania State System of Higher
Education (PASSHE) in the Commonwealth of Pennsylvania.
As defined in Act 188, Section 20-2009-A(a)(4), Powers and Duties of Councils of Trustees, and Section
20-2010-A(5), Power and Duties of Institution Presidents, entrust the power and duty, “To review and
approve the recommendations of the president pertaining to policies and procedures governing the use of
institutional facilities and property;” and, “To establish policy and procedures governing the use of
institutional facilities and property in accordance with guidelines established by the local council,”
respectively.
As defined in Act 188, Section 20-2019-A(a), Campus Police Powers and Duties, entrust the power and
duty for Campus Police, among other actions detailed in this section, “to enforce good order on the
grounds and in the buildings of the institution; to protect the grounds and buildings of the institution; to
exclude all disorderly persons from the grounds and buildings of the institution; and, to adopt means
necessary for the performance of their duties.”

D. Appeal Procedure
A Non-Affiliated Individual who receives a No Trespass Order may appeal the decision to the Office of
Student Affairs. The University’s appeal process is not applicable to any criminal charges.
1. An appeal of the No Trespass Order must be filed in writing with the Office of Student
Affairs within ten (10) business days of the date of service of the No Trespass Order.
Written appeals may be mailed or submitted electronically to:
PennWest University of Pennsylvania
Vice-President of Student Affairs
250 University Avenue
California Pennsylvania, 15419
(724) 938-4439
Stuaffairs-Cal@pennwest.edu
2. Written appeals should include:
a. Appellant’s contact information, including address, telephone number and email
address
b. Date of issuance of the No Trespass Order
c. Reason for being on University property at the time of the issuance of the No
Trespass Order
d. Future need to be on University property
e. Any other relevant information Appellant wishes to be considered
3. Upon receipt of a timely written appeal, the Vice President of Student Affairs or designee
will review all relevant information and documentation secured from Appellant and the
PennWest University Police or Dean of Students.
4. The Vice President of Student Affairs or designee may uphold, rescind, or modify the No
Trespass Order in a written decision that will be mailed to the address provided in the
written appeal. The Vice President of Student Affairs or designee may also remand the
No Trespass Order to the Chief of Police or Dean of Students with a request to address
specific matters of concern.
5. If a written appeal is filed, the restrictions set forth in the No Trespass Order shall remain
in effect until the appeal process is completed. If the No Trespass Order is upheld and
individual who was issued the No Trespass Order violates the No Trespass Order, that
individual may be subject to arrest under applicable public law.
6. Failure to file a timely written appeal with the Office of Student Affairs will be considered
a waiver of the Non-Affiliated Individual’s right to an appeal.
Any appeals of the final decision of the University are subject to 42 Pa.C.S. §763 (Direct appeals from
government agencies).
E. Related policies
N/A

F. Contact Information
PennWest University Police California Campus: (724) 938-4299
PennWest University Police Clarion Campus (814) 393-2111
PennWest University Police Edinboro Campus (814) 732-2921
G. Policy Review Schedule
Contact office responsible for dates
All policies will be reviewed every two years or on an as needed basis if a change in BOG, PASSHE or
Pennsylvania law would create the need for an immediate change.