CHAPTER EIGHT: CAMPUS POLICE AND SAFETY
SECTION NINE
TRESPASS AND LOITERING
I. AUTHORITY:
The authority of the University to establish rules, policies and procedures is found in Chapters 120.53(1)(a), 240.227(1), 240.268(1)-(3), 810.08, 810.09, 856.021, and 856.031, Florida Statutes.
II. POLICY:
Florida Gulf Coast University understands that it is part of the community it serves and welcomes guests and visitors on its campus. However, the University is also aware that it must maintain a safe learning environment for its students and a safe working environment for its faculty and staff.
The President, as chief administrative officer of the University, has the responsibility for the operation and administration of the University. The Vice-president for Administrative Services is hereby appointed and designated as the representative of the President to effect the purposes and policies of this rule.
III. DEFINITIONS:
A. University Persons: Those persons who are faculty, staff, students or employees of Florida Gulf Coast University and persons on campus fulfilling contractual obligations or acting as members of registered University organizations.
B. Non-University Persons: All other persons who are not classified above as University persons.
C. Authorized University Business: Activity which furthers the mission, purposes and goals of the University and which has been approved by the appropriate University officers mentioned below.
IV. PERMITTED ACTIVITIES:
A. Non-University persons are allowed to use the public area of the University during normal business hours or when present on campus for authorized University business, and are allowed to attend lectures, plays and other activities on the University campus in the designated buildings or areas when such attendance is permitted by the sponsoring organization. It is the responsibility of the vice-president for Administrative Services or designee to control the use of all campus areas. Non-University persons are not allowed on campus except as authorized. Non-University persons on campus for other than authorized University business will be ordered to leave if their continued presence on the campus is deemed by the vice-president for Administrative Services or University Police and Safety to be disruptive to the orderly conduct of the University.
B. The presence of non-University persons in offices of the University is permitted when on authorized University business. The supervisor of each office, as a designee of the vice-president for Administrative Services, is delegated the authority to warn those persons present not on University business that they must leave the campus or be subject to arrest for trespassing. The University Police are to be notified of any and all such incidents.
C. Only students registered for a class may be in attendance in instructional areas unless permission of the instructor is given. The instructor, as a designee of the vice-president for Administrative Services, is delegated the authority to warn non-students that they are trespassing and must leave the area of instruction or be arrested for trespass. The University Police are to be notified of any and all such incidents. Non-University persons are not allowed in classroom buildings unless present on authorized University business.
D. The Dean of Library Services or designee is designated by vice-president of Administrative Services to warn those persons who are not using the Library in an appropriate manner or who are creating an atmosphere not conducive to its use by University students and staff, that they must leave the campus or be subject to arrest for trespassing. The University Police are to be notified of any and all such incidents.
E. Athletic, intra-mural and recreational facilities are for the use of University students, faculty, staff and their invited guests. Identification may be requested for the use of these facilities. The Dean of Student Services or designee is designated by the vice-president of Administrative Services as the person to warn all unauthorized persons found at these facilities that they must leave the campus or be subject to arrest for trespassing. The University Police is to be notified of any and all such incidents.
V. NON-PERMITTED ACTIVITIES: Section 856.021(1), F. S., specifies that "It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity."
A. Non-University persons who, in the opinion of the officials designated above, are loitering, do not use FGCU facilities in an appropriate manner or who are creating an atmosphere not conducive to the use of such facilities by other University persons or guests, may be warned by the authorized persons designated above to leave the facility or be arrested.
B. All persons, who have been notified by an authorized, designated official to leave and remain out of an area or areas and are subsequently found in the specified area or areas, are subject to arrest for Trespass after Warning and/or Loitering without further warning.
C. Nothing in the foregoing shall preclude or be interpreted to preclude or otherwise diminish the exercise of statutory authority of University Police Officers to arrest in accordance with the laws of this state any person for violation of state law or applicable county ordinance when such violations occur on any property or facility which is under the guidance, supervision, regulation or control of the State University System.
The members of the Campus Police and Safety Department are designated as authorized representatives of the vice-president for Administrative Services, to effect the purposes and policies of this rule for all campus facilities and areas.
© FGCU 1998 Administrative Services. This is an official
FGCU web page.
Florida Gulf Coast University is an equal opportunity/affirmative action
institution.
Effective Date: 04/01/98
Revised Date: 11/05/98
Contact bharris@fgcu.edu