76-8-711 - Withdrawal of consent to remain on campus or facility -- Report and confirmation of action -- Reinstatement -- Hearing -- Re-entry -- Powers of suspension, dismissal or expulsion not affect
76-8-711. Withdrawal of consent to remain on campus or facility -- Report andconfirmation of action -- Reinstatement -- Hearing -- Re-entry -- Powers of suspension,dismissal or expulsion not affected.
(1) The chief administrative officer of a campus or other facility of an institution ofhigher education, or his agent or representative, whenever there is reasonable cause to believethat any student has willfully disrupted the orderly operation of the campus or facility, may notifyany student that consent to remain on the campus or other facility under the control of the chiefadministrative officer has been withdrawn.
(2) (a) Whenever consent is withdrawn by any authorized officer or employee, other thanthe chief administrative officer, the officer or employee shall as soon as is reasonably possiblesubmit a written report to the chief administrative officer. The report shall contain the following:
(i) The description of the person from whom consent was withdrawn, including, ifavailable, the person's name and address.
(ii) A brief statement of the facts giving rise to the withdrawal of consent.
(b) If the chief administrative officer or, in his absence, his agent or representative uponreviewing the report finds there was reasonable cause to believe that the person willfullydisrupted the orderly operation of the campus or facility, he may enter written confirmation uponthe report of the action taken by the officer or employee. If the chief administrative officer or, inhis absence, his agent or representative does not confirm the action of the officer or employeewithin 24 hours after the time consent was withdrawn, the action of the officer or employee shallbe deemed void and of no force or effect, except that any arrest made during that period shall not,for this reason, be deemed not to have been made for probable cause.
(3) Consent shall be reinstated by the chief administrative officer whenever he has reasonto believe that the presence of the student from whom consent was withdrawn will not constitutea substantial and material threat to the orderly operation of the campus or facility. In no case shallconsent be withdrawn for longer than 14 days from the date upon which consent was initiallywithdrawn. The student from whom consent has been withdrawn may submit a written requestfor a hearing on the withdrawal within the two-week period. The written request shall state theaddress to which notice of hearing is to be sent. The chief administrative officer shall grant ahearing not later than seven days from the date of receipt of a request and immediately mail awritten notice of the time, place, and date of hearing.
(4) (a) Any student who has been notified by the chief administrative officer of a campusor other facility of an institution of higher education or by an officer or employee designated bythe chief administrative officer to maintain order on the campus or facility, that consent to remainon the campus or facility has been withdrawn pursuant to Subsections (1) and (2), who has nothad consent reinstated, and who willfully and knowingly enters or remains upon the campus orfacility during the period for which consent has been withdrawn is guilty of an offense.
(b) This subsection shall not apply to any student who re-enters the campus or facilityeight hours after notification of the withdrawal of consent for the sole purpose of applying to thechief administrative officer for reinstatement of consent or for the sole purpose of attending ahearing on withdrawal.
(5) This section shall not affect the power of the duly constituted authorities of aninstitution of higher education to suspend, dismiss, or expel any student or employee at theuniversity or college.
(6) Any student convicted under this section shall be punished as provided in Section
76-8-717.
Enacted by Chapter 196, 1973 General Session