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Policy and Procedure ManualChapter 390, Emergency Management and Campus Security Responsible Department: Offices
of the Chancellor and Provost This section describes the policy and procedure for maintaining order on all properties under the jurisdiction of UC Davis, as authorized by the California Penal Code. Refer also to Section 290-09, Violence in the Workplace, for information on preventing and responding to disruptive, threatening, or violent behavior, and to Section 290-07 for suspension of individuals from UC Davis properties during a declared state of emergency. A. Exclusion from UCD properties An individual may be excluded from UCD premises under the following circumstances: Faculty, staff, students, visitors, and individuals not directly connected with the University may be excluded under the Penal Code Sections described in this section, or by a court-issued restraining order. In the event of a state of emergency declared by the Chancellor, individuals may be excluded using the procedures in Section 290-07. Violations of Penal Code Sections 626.4 and 626.6 are criminal offenses punishable as a misdemeanor. B. Authority In accordance with Penal Code Section 626.4, the Chancellor (or designee) is authorized to notify a person who has the University's consent to enter UCD properties (such as faculty, staff, students, and visitors) that such consent has been withdrawn, whenever there is reasonable cause to believe that such person has willfully disrupted the orderly operation of UCD. Consent may be withdrawn for up to 14 days. 2. Order to leave Penal Code Section 626.6 applies only to persons who are not University students or employees. It authorizes the Chancellor (or designee) to order a person to leave UCD properties when it appears that the person is committing or intending to commit any act likely to interfere with the peaceful conduct of UCD activities. The order to leave is effective for 7 days. 3. Designees The Chancellor has delegated the authority to withdraw consent or to order to leave, as described in Penal Code Sections 626.4 and 626.6, to the following University officers/employees: Provost & Executive Vice Chancellor Vice Chancellor--Student Affairs Associate Vice Chancellor--Student Affairs Assistant Vice Chancellor--Student Life Director, Student Judicial Affairs Vice Chancellor--Administration Associate Vice Chancellor--Human Resources Vice Provost--Academic Personnel Dean, School of Medicine Executive Associate Dean, School of Medicine Chief Executive Officer, UCDMC Executive Director--UCDHS Human Resources Chief of Police A. Withdrawal of consent 1. Report of withdrawal of consent When any of the authorized officers/employees acts to withdraw consent in accordance with Penal Code Section 626.4 (II.B.1, above), the officer/employee shall, as soon as reasonably possible, submit a report to the Chancellor and the Chief of Police containing the following: a. The description of the person from whom consent was withdrawn, including, if available, the person's name, address, and telephone number. b. A statement of the facts giving rise to the withdrawal of consent. 2. Confirmation of withdrawal of consent If, after reviewing the report, the Chancellor finds that there is reasonable cause to believe that the presence of such person constitutes a substantial and material threat to the orderly operation of UCD, written confirmation shall be made of the exclusion from UCD. If the Chancellor has not confirmed the exclusion within 24 hours, the withdrawal of consent shall be deemed void. 3. Reinstatement of consent a. If consent to remain on UCD properties has been withdrawn pursuant to II.B.1, above, and has been confirmed as described, consent shall be reinstated when the Chancellor has reason to believe that the presence of the person no longer constitutes a substantial and material threat to the orderly operation of UCD. b. In no case shall consent be withdrawn for longer than 14 days. c. The person from whom consent has been withdrawn may submit a written request for a hearing on the withdrawal within the 14-day period. The Chancellor shall grant a hearing not later than 7 days from receipt of the request and send a written notice of the time, place, and date of the hearing, and the name of the hearing officer, to such person. The Chancellor shall determine whether or not to reinstate consent based on the findings and recommendations of the hearing officer. 4. Designees In the absence of the Chancellor, the authority to receive and review reports, to confirm withdrawal of consent, to reinstate consent, and to grant hearings is delegated to the Provost & Executive Vice Chancellor. In the absence of the Provost & Executive Vice Chancellor, this authority is delegated to the Vice Chancellor--Student Affairs. B. Order to leave No particular procedure is required by Penal Code Section 626.6, except that the person ordered to leave must be informed that he/she will be guilty of a crime if he/she returns within 7 days. Further information and guidance on exclusion from UCD properties is available from the following offices: A. For students (except School of Medicine students), the Associate Vice Chancellor--Student Affairs. B. For staff employees, the Senior Associate Vice Chancellor--Human Resources. C. For academic employees, the Vice Provost--Academic Personnel. D. For professional students in the School of Medicine, the Executive Associate Dean, School of Medicine. E. For individuals at the UC Davis Medical Center and primary care clinics, the Executive Director--UCDHS Human Resources. F. For individuals not directly affiliated with UCD, the UC Davis Police Department. V. References and Related Policies A. California State Penal Code 626. B. UCD Policy and Procedure Manual: 1. Section 290-07, Suspension of Individuals During Declared State of Emergency. 2. Section 290-09, Violence, Threats, and Disruption in the Workplace. Copyright © 2006 The Regents of the
University of California, Davis Campus. All Rights Reserved. |
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