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Chapter 390, Emergency Management and Campus Security
Section 25, Suspension of Individuals During Declared State of Emergency
Approved: 8/31/05, renumbered 7/18/08
Supersedes: 4/30/98

Responsible Department: Offices of the Chancellor and Provost
Source Document: Policies Applying to Campus Activities, Organizations, and Students, Section 50, Policy on Campus Emergencies

Exhibit A, Notice of Emergency Suspension

I. Purpose

This section outlines policy regarding suspension of individuals from UC Davis properties during a declared state of emergency. For exclusion of individuals from UCD properties under other circumstances, refer to Section 290-04, Maintenance of Order, and Section 290-09, Violence in the Workplace.

II. Policy

A. When an emergency appears to warrant action beyond that which is normally delegated, the Chancellor or his/her designee may declare a state of emergency to exist on the campus. (See Section 290-05.) During a declared state of emergency, the Chancellor or designee shall advise the UCD representatives who are delegated authority to impose emergency suspension that a state of emergency has been declared and that emergency suspension is warranted where there is reasonable cause to believe:

1. The individual has participated in a disturbance of the peace or unlawful assembly or has acted in violation of the campus emergency orders; has committed an act of physical violence or has threatened to commit such an act; or has committed a theft or has damaged property; or

2. The individual's presence on campus will lead to violation of campus emergency orders, violence, intimidation, damage to property, or other disruptive activity incompatible with the orderly operation of the campus.

B. Those representatives to whom the Chancellor has delegated authority to impose emergency suspension shall immediately inform the Chancellor and shall submit a written Notice of Emergency Suspension (Exhibit A) as soon as is reasonably possible when an emergency suspension is imposed. If the Chancellor does not affirm the suspension within 24 hours after being informed that the suspension has been imposed, the suspension shall be deemed void and a reasonable effort shall be made to inform the suspended individual that the suspension is void.

C. An individual placed on emergency suspension shall be given a copy of the affirmed Notice, either by hand-delivery or mail. Suspended individuals shall be informed of the procedures by which the validity of the emergency suspension can be appealed, including the opportunity to obtain a special hearing on the emergency suspension. If an individual is found to have been unjustifiably placed on emergency suspension, reasonable efforts shall be taken to assist an individual who has been disadvantaged in employment or academic status.

1. Appeals on the validity of the emergency suspension shall be directed to:

a. The Vice Chancellor--Student Affairs for students.

b. The Vice Chancellor--Administration for staff employees.

c. The Provost & Executive Vice Chancellor for academic employees and all other persons.

2. A hearing may be requested by either students or employees as provided for in appropriate administrative appeal and grievance procedures set forth in this manual, personnel manuals, collective bargaining agreements, or applicable student discipline procedures.

3. Suspension shall not result in loss of student or employment status, or in the discontinuance of salary or benefits, or in other punitive measures without the opportunity for a full hearing.

D. Any individual placed under emergency suspension shall not, during the period of suspension, enter upon specified areas of the campus or engage in specified activities, as set forth in the Notice of Emergency Suspension. The exclusion or restriction shall be limited to the minimum extent necessary to protect the health and safety of persons or property or to maintain the orderly operation of the campus.

III. References and Related Policies

A. University of California Policies Applying to Campus Activities, Organizations, and Students, Section 50, Policy on Campus Emergencies, 7/28/04.

B. UCD Policy and Procedure Manual:

1. Section 290-04, Maintenance of Order.

2. Section 290-05, Campus Emergency Policy.

3. Section 290-09, Violence, Threats, and Disruption in the Workplace.


Copyright © 2006 The Regents of the University of California, Davis Campus. All Rights Reserved.
Last Updated: 12/23/08 | Questions and Comments

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