Banning
1. PURPOSE
This policy and its implementing procedures help Brigham Young University–Hawaii (“BYU–Hawaii” or “university”) achieve its commitment to maintaining a safe and secure environment for all members of the campus community.
2. POLICY
BYU–Hawaii is a private institution of higher education. In the interest of securing its campus and enforcing its rules and regulations, the university may restrict access to university property as it deems appropriate. As a condition to entrance upon BYU–Hawaii property, individuals assume an obligation to conduct themselves in a manner compatible with the university’s policies and procedures. Any person may be temporarily or permanently banned and denied access to any property owned, operated, or controlled by the university if the person:
- Engages in any of the following actions, or if the university has reasonable cause to believe that the person intends to act, to
- Cause injury to a person,
- Cause damage to property,
- Commit a crime,
- Interfere with the peaceful conduct of the activities of the institution,
- Violate any rule or regulation of the institution, or
- Disrupt the institution, its students, or the institution’s activities;
- Is reckless as to whether the person’s actions will cause fear for the safety of another;
- Is reasonably perceived as a danger to university property, the person’s self, or any member of the campus community; or
- Has no lawful business to pursue at the university.
A decision to ban an individual rests entirely within the discretion of the university, based upon the above-stated factors (the “Banning Criteria”). Individuals who are banned will be given a ban notice by oral or written communication. Failure to comply with a ban notice may result in arrest or citation.
3. IMPLEMENTATION
3.1 Authority to Issue Bans
3.1.1 Temporary Ban
A temporary ban prohibits a person from, for up to 20 days, entering or remaining on property owned, operated, or controlled by the university. Non-student Campus Safety & Security employees, the president, vice presidents, the dean of students, the campus life director, the seasider sports & activities manager, and the housing and residential life senior manager are authorized by the university to issue temporary bans. If additional time is needed for investigating the events that led to the ban, the ban may be extended for an additional 10 days at the university’s discretion. Temporary bans may be lifted by the ban issuer or by the Banning Committee prior to the end of the ban period.
3.1.2 Permanent Ban
The Banning Committee is authorized to issue a permanent ban when an individual meets the Banning Criteria.
3.2 Process to Issue Bans
3.2.1 Temporary Ban
Temporary bans should be issued only when an individual meets the Banning Criteria. Temporary bans may be issued pending a review of the risk the individual being banned poses.
The BYU–Hawaii employee issuing the temporary ban must promptly provide information about the ban to the dean of students. The dean of students may share this information with Campus Safety & Security and other campus departments as needed.
Campus Safety & Security may deliver temporary bans on behalf of authorized university employees. The dean of students office stores temporary ban information indefinitely to identify behavior patterns that may initiate consideration of a permanent ban.
3.2.2 Permanent Ban
The dean of students office administers the permanent ban process and chairs the Banning Committee, which determines when to enact a permanent ban. The Banning Committee may consider implementing a permanent ban based on any available information. The Banning Committee may consult, as it deems appropriate, with Campus Safety & Security and other university units that may have relevant information, such as:
- Human Resources
- Office of Honor
- Title IX
- Behavior Intervention and Threat Assessment Committee
- BYU Office of the General Counsel
- The Banning Committee may authorize a permanent ban in an in-person meeting or by phone, email, text, or any other university-approved form of communication.
- Pertinent information regarding permanent bans may be circulated to any individual, university unit, or institution the Banning Committee deems appropriate, including to any of the following:
- President’s Council member(s)
- Campus Safety & Security
- Admissions
- Human resource director (when employees are banned)
- Office of Honor (when students are banned)
- Residential Life (when students are banned)
- International student services manager (when international students are banned)
- Title IX coordinator (in cases involving the university’s Sexual Harassment Policy)
- University Communications
- BYU Office of the General Counsel
- Other CES institutions
Campus Safety & Security generally delivers permanent ban notices to banned individuals. However, the Banning Committee may use any means available to notify an individual, via a written notice, of the permanent ban placed upon them.
3.3. Restrictions for Banned Individuals
Bans may be used to restrict an individual’s access to all or part of the property owned, operated, or controlled by the university.
Banned individuals are ineligible to attend classes in person or appear on property owned, operated, or controlled by the university for any purpose for the duration of the ban (including, but not limited to, church meetings and extracurricular activities). At the university’s discretion, reasonable measures may be explored to allow continued remote access to educational content such as lectures, exams, and assignments for currently enrolled students, pending the outcome of any university disciplinary or appeal processes. Individuals who have an ongoing Honor Code case may meet with Office of Honor personnel via university-approved remote video communications.
In addition, individuals who have been permanently banned are also ineligible to
- Register for any BYU–Hawaii courses,
- Be admitted to the university,
- Be hired to work for the university in person or remotely, and
- Reside in BYU–Hawaii on-campus housing.
Restrictions are communicated to the banned individual in the written ban notice.
3.4 Reviews
All reviews of permanent ban decisions are conducted by the student life vice president, who may consult with other campus units and administrators as needed.
Banned individuals may attend the review and will be given an opportunity to present relevant information and respond to questions from the student life vice president. However, the individual is not required to attend or be present for the review of their ban to proceed. Banned individuals may bring a support person to the review meeting. Support individuals are not permitted to participate in the meeting unless agreed to by the student life vice president prior to the meeting.
Temporary bans generally are not reviewed except under extraordinary circumstances, as determined by the student life vice president.
3.5 Timing
Requests for review will generally not be considered for at least 12 months after a permanent ban has been enacted, unless unique circumstances exist as determined by the student life vice president (e.g., acquittal by a court of law). Ban review meetings are scheduled based on when requests arise, availability of the student life vice president, and the collection of needed information from the banned individual, university, and any other sources.
3.5.1. Expedited Review Requests
Upon request, current or continuing students who have been banned will be granted an expedited ban review, in accordance with the student life vice president’s availability and the banned individual’s ability to furnish necessary information. In rare and unusual circumstances, as determined by the student life vice president, an individual may request and be granted an expedited review. Expedited review requests will typically be considered only for short-term, limited ban lift requests that enable the banned individual to attend specific events or locations for a specified length of time (e.g., attending graduation of a child).
3.6 Review Requests
A person who has been permanently banned from campus may submit a request for review of the ban decision to the student life vice president. Requests for review should be sent to:
Student Life Vice President
[Mail Address]
Or by email: [email address]
Requests for review should include the following (failure to furnish requested information and documents may result in the request being delayed or denied):
- The requestor’s contact information, including current physical address, telephone number, and email address
- The date of issuance of the ban
- The reason for being permanently banned from university property
- A description of actions taken since the ban was put in place to address the concerning behavior
- A detailed explanation of the future need to be on university property, whether that need is temporary or long-term, and, if the need is temporary, specific dates and times for which the individual would need to be on campus.
- If applicable, written documentation that the individual is free from the jurisdiction of the courts (no longer in jail or prison, under house arrest, on probation, or on the sex offender registry)
- In the case of a request for an expedited review, the reason for an expedited review
Individuals may also submit any additional information they wish to be considered, including but not limited to letters of support from an ecclesiastical leader, a therapist, or anyone else who is aware of and describes in the letter the specific circumstances that led to the permanent ban and the individual’s behavior since that time.
3.7 Conduct
All restrictions set forth in the ban notice remain in effect throughout the review process and are removed only if the student life vice president lifts the ban. An individual violating a ban notice may be subject to arrest or citation for trespass under applicable federal, state, and city laws and ordinances, as well as possible additional action by the university. An individual’s violation of a ban also automatically terminates any ongoing ban review process and postpones any opportunity for a review for a period of time determined by the Student Life Vice President.
3.8 Decision Criteria
The student life vice president has full and sole discretion to leave in place, modify, or lift permanent bans. Ban review decisions are based on the totality of the circumstances, using the following criteria, as applicable:
- The requestor demonstrates a compelling need to be on campus on specific dates
- The requestor demonstrates that he or she no longer presents a danger or threat to university property, or of harm or disruption to the campus community, self, or others
- The requestor demonstrates changed circumstances that may make it appropriate to be allowed on campus again
The student life vice president may rely on other university policies related to the case under review to guide his or her decision.
3.9 Results
Ban review decisions made by the student life vice president are final.
If a ban is lifted, copies of the student life vice president’s decision are sent to appropriate campus units as needed. Moreover, a former student or employee whose ban is lifted is not automatically readmitted to or re-employed by the university and must pursue these matters separately. Future readmission and reemployment matters are subject to the university’s standard academic and employment processes.
3.10 Subsequent Reviews
If the student life vice president determines not to lift a permanent ban, individuals may request a subsequent review after sufficient time has lapsed, generally at least one year. Timeframes may vary based on the actions that led to the permanent ban and are at the sole discretion of the student life vice president. The student life vice president may request updated documents, including any additional documentation that relates to the committee’s decision criteria that may help demonstrate that another review is warranted.